Kenyan case law
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MS v JNM [2019] KEHC 1556 (KLR)
✦ The Appellant meets the conditions for grant of stay and the orders issued on 19.9.2019 are hereby granted pending the hearing and determination of the appeal.
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Howard Muhanda v Charles Imbiakha (Miscellaneous Civil Application 159 of 2019) [2019] KEHC 2079 (KLR) (22 November 2019) (Ruling)
✦ The application for transfer is allowed and the suit is transferred to Kakamega Chief Magistrate's Court.
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In re Cooperative Muratori & Cementisti – CMC DI Ravenna [2019] KEHC 1610 (KLR)
✦ The application is struck out with costs to the creditors.
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Oceanic Oil Limited v Standard Chartered Bank Kenya Ltd [2019] KEHC 1807 (KLR)
✦ The Application for temporary injunction is dismissed with costs.
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Byron Trustkett Investments Limited v Sport Stadia Management Board; Standard Chartered Bank (Ruaraka Branch) (Garnishee/Respondent) [2019] KEHC 12412 (KLR)
✦ The Court directs parties to jointly appoint an accountant to audit the debt and report on what has been paid and what amount, if any, is due.
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Consolidated Bank of Kenya Ltd v Kinyua Njagi & Company Advocates [2019] KEHC 1802 (KLR)
✦ The Court finds no merit in the Defendant's defense and upholds the Plaintiff's application to recover Ksh 1,500,000 and Ksh 50,000 in legal fees from the Defendant with interest and costs.
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Jonathan Wepukhuli t/a Gati Cleaning Agency Limited v Julius Odhiambo Oduor [2019] KEHC 1973 (KLR)
✦ Appellant is entitled to a stay of execution pending appeal on terms that the appellant shall deposit the entire decretal sum into an interest-bearing account within 30 days.
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Kenneth Nzae v Republic [2019] KEHC 2114 (KLR)
✦ The court found that the prosecution did not discharge the burden of proof beyond reasonable doubt and that the appellant's defence was not rebutted.
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Music Copyright Society of Kenya v Music Publishers Association of Kenya Limited & another [2019] KEHC 1563 (KLR)
✦ The matter is not an abuse of court process and shall not be ordered on costs.
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Michael Biwot Segerot v Republic [2019] KEHC 1977 (KLR)
✦ The appeal is dismissed, and the sentences are altered to run concurrently.
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Mwananchi Credit Limited v Anerlisa Muigai [2019] KEHC 1654 (KLR)
✦ The Court grants the Defendant's application to join the third party Ben Kangangi and orders that the Notice to 3rd Party shall be served within the requisite period to the intended 3rd Party who shall file appropriate and relevant pleadings to the claim.
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Kantaria Investments Ltd v Attorney General [2019] KEHC 566 (KLR)
✦ Judgment is entered in favor of the plaintiff for mesne profits, refund for unpaid bills, and costs of repairs and painting, totaling Ksh.13,589,261/-
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PKG v EWK [2019] KEHC 2063 (KLR)
✦ Parcel No. Kajiado/Ntashart/[.....] is not matrimonial property. Parcel No. Ngong/Ngong/[.....] is matrimonial property.
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In re CM (Baby) [2019] KEHC 1057 (KLR)
✦ The court grants the application for adoption
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In re Estate of Fredrick Polwarth Kibuthu Kubai (Deceased) [2019] KEHC 12153 (KLR)
✦ The Applicants are granted leave to appeal and a stay of execution pending the appeal.
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In re Estate of Ngugi Githinwa (Deceased) [2019] KEHC 1657 (KLR)
✦ The Court of Appeal found that the Trial Magistrate had jurisdiction and that the assets were correctly identified and distributed.
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M N B v J N M & another [2019] KEHC 1882 (KLR)
✦ The appeal is dismissed as the application is belated and lacks merit.
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Charles Karisa Mwaduna & 4 others v Republic [2019] KEHC 1051 (KLR)
✦ This court has jurisdiction to entertain the applications and that there is no mandatory requirement for one to go for review before the trial court first.
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Republic v Daniel Chumbi Nyabuti [2019] KEHC 1779 (KLR)
✦ The accused is found guilty of murder contrary to Section 203 as read with Section 204 of the Penal Code.
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Charles Otieno Awinda v Republic [2019] KEHC 2092 (KLR)
✦ The court found that the trial court erred in not evaluating the nature of the light, the strength of the light, its size, and its position relative to the Appellant to test the reliability of the evidence of identification at night.
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David Kipsang Nyolmo v Naran Lalji Rabadia t/a Shruti Enterprises [2019] KEHC 973 (KLR)
✦ The application for stay of execution is dismissed.
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Republic v Jared Omondi Otis [2019] KEHC 1833 (KLR)
✦ The court finds Otis not guilty and orders him set at liberty
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In re Estate of Peter Ngugi Wa Kamau (Deceased) [2019] KEHC 2023 (KLR)
✦ The court ruled that the second widow, Mary Waithera Wambui, should not share in the properties and businesses acquired before her marriage to the deceased, as the first widow, Patricia Muthoni Ngugi, contributed financially and developed the properties.
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Midsteel Engineering Works Limited v Ali Hashi Awale t/a A.H.A Awale Company [2019] KEHC 1915 (KLR)
✦ The appeal is successful only in respect to the award on special damages, which is set aside and dismissed.
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In re Estate of Franics Mungai Muchina (Deceased) [2019] KEHC 1728 (KLR)
✦ The court directs the Land Registrar Kiambu and the Land Control Board Gatundu to produce records regarding L.R. No. Kiganjo/Kiamwangi/953 and L.R. No. Kiganjo/Kiamwangi/T.1130.